Learning Resources, Inc. v. Trump · ¶365

And it does not make much sense to think that IEEPA allows the President in a declared national emergency to, for example, shut off all or most imports from China, but not to impose even a $1 tariff on imports from China. As Judge Taranto forcefully pointed out in the Federal Circuit, tariffs are “just a less extreme, more fexible tool for pursuing the same objective of controlling the amount or price of imports that, after all, could be barred altogether.” 149 F. 4th, at 1363 (dissenting opinion). All of that explains why this Court in Algonquin defnitively rejected such a strange slice-and-dice approach to the President's statutory power to “adjust” imports. If quotas and embargoes are authorized, so are tariffs.

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